BANKRUPT continued

mission, proveable, if without notice of such act of
bankruptcy, I. 643

debts contracted by bankrupt 2 calendar months before
suing forth of commission, and without notice of bank.
ruptcy, may be set off, I. 644

sureties or persons liable to debts of bankrupt, may prove
in respect of payments as sureties, &e. though made af-
ter issuing of commission, and though such persons be-
came sureties, &c. after act of bankruptcy, provided
such persons had not notice of act of bankruptcy,
when they became sureties, &c. Ad. I. 50

if original creditor has proved, surety may stand in his
place as to dividends, Ad. I. 50

in Ireland, creditors proving debts due by account must
produce a copy signed by themselves, and swear to the
truth thereof: where debts not above £20. copy of
assignment, inrolled, evidence of commission and bank-
ruptcy, I. 645, 6

persons proving false debts liable to pains of perjury, and
forfeit double, I. 644

overplus of forfeitures after paying creditors, how distri-
buted, I. 645

assignees, with consent of major part in value of creditors
who have proved their debts, may refer matters to ar-
bitration, compound debts, and commence suits in
equity, I. 645

proving debt under commission deemed an election not to
proceed by action; but creditor so relinquishing action
not to pay costs: nor shall his action against a co-de-
fendant be thereby relinquished. Ad. I. 52

in Ireland, debtor liable to interest, if debt not paid within
3 months after issuing commission, and demand by as-
signees, I. 645.

commissioners to order a first dividend after 4 months,
and within 12 months, after issuing of commission, giv-
ing 21 days' notice, I. 646

assignees' accounts investigated, &c. at such meeting, to
pay forthwith after order, and take receipts in a book
I. 646

no dividend declared till assignees account on oath, Ad.
1.52

second dividend within 18 months, &c.: such dividend fi-
nal, unless suit depending, estate outstanding, or ma-
jor part of creditors do not agree thereto, I. 647

any

future estate divided within 2 months after converted
into money, I. 647

remedy for dividend against assignee to be by petition to
chancellor, Ad. I. 53

ereditors if not paid under commission, may sue bank-

rupt for balance, (unless barred by certificate,) I. 647
commissioners upon request to shew to bankrupts the dis

BANKRUPT continued

position made of their estate, and hand over balance,
&c. I. 648

assignees to keep regular books of account open for in-
spection, 1.648

creditors before choice of assignees to direct where bank-
rupt's monies shall be deposited; or commissioners shall
give such direction; provided they shall not be depo-
sited with a commissioner, or solicitor of the commissi-
on, or in any bank, &c. in which they are concerned,
&c. I. 648. Ad. I. 53

if assignees do not so deposit the monies received, they
shall be charged £20. per cent. interest on money re-
tained. Ad. I. 54

in Ireland, if assignees shall not pay dividend as ordered
by commissioners, or shall not lodge money as di-
rected] within 21 days, they shall be charged £10. per
cent. to be retained out of dividend, or recovered by ci-
vil bill, I. 648

if any assignee becomes bankrupt, having 100. of bank-
rupt's estate wilfully retained, his certificate shall not
discharge his future estate, Ad. 1. 54.

commissioners may invest bankrupt's money in exchequer
bills, Ad. I. 55

agent or clerk, or person taking out commission, to be
under control of commissioners, and take a certain
oath, I. 649

messenger also to take a certain oath, and shall not act as
agent to commission, I. 650

fees, &c. of solicitors, &c. employed under commission
taxed by master of chancery, 1. 651

no schedule of personal estate annexed to deed of assign.
ment; and expenses of eating and drinking restrained,
I. 652

in Ireland chancellor may settle fees upon issuing com-
mission, and other proceedings, L. 652

expenses of suing forth commission ordered at meeting
for the choice of assignees, I. 652

creditors may prove without paying any contribution,
I. 652

fees, &c. of commissioners limited, I. 652

half fees paid for granting renewed commission, I. 654
pleading and costs in actions against persons acting under
bankrupt law, I. 652

proceedings under commission recorded, and where, and
copies when evidence, I. 650

commission and proceedings thereon evidence of petiti-
oning creditor's debt, trading and bankruptcy, unless
notice requiring proof thereof, which shall be at the
peril of costs, Ad. I. 55, 6

*It is doubted whether this clause is not superseded or virtually repealed
by the clause of Sir S, Romilly's act in preceding paragraph of this index.

BANKRUPT, continued.

proceedings under commission, not abated by death of
bankrupt, or of the king, I. 653

commission valid though petitioning creditor's debt con-

tracted after bankruptcy, if no notice of such prior act

of bankruptcy when debt contracted, I. 653

bankrupt statutes to be liberally construed for creditors,
I. 653

See EQUITY. MASTER OF THE ROLLS.

BANKS. See MISCHIEF.

BANNS. See MARRIAGE. FORGERY. LARCENY. REGISTER.
BAPTISM. See. FORGERY, REGISTRY.

of freehold lands to be by deed indented, &c. and to be
inrolled within 6 months, &c. such inrolment how to
be and where, II. 539

where such deed is pleaded with a profert copy of inrol-
ment evidence, the recital of the bargain and sale in.
deeds of lease and release, evidence of such bargain
and sale, &c. and in pleading deeds of lease and re-
lease, profert of release sufficient, I, 540

BARK.

See LARCENY.

BARN. See MISCHIEF, RIOT.

BARON AND FEME. See DOWER, HUSBAND, LEASES,
&c.

BARONS OF EXCHEQUER. See ASSIZE, Exchequer.
BARONY CLERKS. See COUNTY COURT.

BARREN LAND. See ТITHE.

BARRETRY,

arresting, &c. to answer in court holding plea of personal
actions in the name, &c, of an unknown person, or with-
out the consent of the person at whose suit such arrest
shall be, II. 598

sheriffs, &c. issuing warrants without authority of writs,
II. 599

serjeant, pleader, or other deceiving the court, II. 600.
See CHAMPERTY, MAINTENANCE.

BARRISTERS,

what oaths, &c. they shall take, &c. before practising, II.

25. 30.

attendance at the inns of court in England, and king's inns,
Dublin, required previous to being admitted in Ireland,
II. 33

deceiving court or party, how punished, II. 600;
BASTARDS,

powers of justices of peace to compel the mothers or pu-
tative fathers to relieve parishes from their sustentati-
on, I. 415

reputed fathers liable to the expenses of the birth of such
children, and the costs of their own apprehension, and
of the order of filiation, Ad. I. 32

where single woman shall, upon oath, declare herself with

BANKRUPT continued,

child, and that such child is likely to be a bastard, and
chargeable, &c. powers of justices for apprehending
and committing the persons charged, Ad. I. 32
reputed father or mother disobeying any order of filiation
or maintenance, how punished, Ad. I. 33, 4

mothers of bastards, how punished, Ad I. 88

the settlement of the mother deemed the settlement of the
child, I. 417. Ad. I. 35

trials of women for murdering them to be as in other cases
of murder; but though acquitted of the murder, if
found guilty of concealing the birth by secret burying,
&c. how punished, II. 903, 4

BASTARDY,

trial of question by certificate of bishop, II. 231
proclamations made in chancery before writ awarded to
bishop, Ad. I. 152

BATTERY. See ASSAULT!

BEANS. See LARCENY.

BEAUPLEADER,

fines for, abolished, II. 269. Ad. I. 78

BEGGARS. See FOUNDLINGS.

POOR. VAGRANTS.

BENEFICE. See ECCLESIASTICAL PERSONS. PRŒMUNIRE

&c.

BENEFIT OF CLERGY,

extended to laymen, and canonical purgation abolished,
II. 1215, 6

those admitted to it once shall not have it a second time,
II. 1215, 6

persons praying it burned in the hand in open court; and
may be imprisoned for a year, II. 1215, 6)

lords or peers of the realm in what cases admitted to be-
nefit of clergy and not to be burned in the hand the
first time, II. 1215

women convicted of clergyable felonies punished as men ;
and shall not have the benefit of the statute a second
time, II. 1217

allowance of, no bar to prosecution for any other felony,
II. 1218

clerks of the crown, &c. shall certify unto king's bench
a transcript of indictment, &c. containing names, &c.
of parties attainted, &c. II. 1218

clerk of the crown, &c. of county where person has been
convicted of a clergyable felony, shall certify convic-
tion, &c. to county where such person is to be subse-
quently tried for another felony, II. 1219

court may order offender liable to transportation to be
transported to America, or elsewhere beyond the seas,
II. 1221-1230

persons liable to be transported may be transferred to any
person, &c. contracting for such transportation, either
by the court before which they shall be convicted, or
any subsequent court, Ad. II. 492

order of transfer may be made by a single judge where

BENEFIT OF CLERGY, continued.

conditional pardon signified by a secretary of state, Ad. II. 493

persons undertaking to transport offenders to give security, Ad. II. 494

such securities how taken, &c. Ad. II. 494-5

when offenders are transported in king's ships, security
may be dispensed with, II. 1226

persons contracting may take offenders through any
county, &c. to seaport: expenses how defrayed: and
rescuing them, &c. a capital felony, Ad. 11. 495
a capital felony for person ordered or agreeing to be
transported to be at large within the kingdom before
expiration of his term, and how and where tried and
prosecutors how rewarded, II. 1225. Ad. II. 496
the king may dispense with transportation, or allow of
fenders to return, II. 1225. Ad. II. 496

judges may alter, if necessary, the place mentioned in sentence, II. 1225. Ad. II. 496

judges may order convicts to be imprisoned and kept to hard labour till transported, II. 1227

the king, or 3 justices of peace authorized by him, may assign places for their imprisonment, &c. until transportation, Ad. II. 497

duty of superintendant of such places of imprisonment, Ad. II. 498, &c.

punishment of escape or rescue, &c. from such places, Ad. II. 500

clerks of the crown, &c. in Ireland to certify to lord lieutenant names, &c. of persons under rule of transportation; who may issue his warrants to sheriffs to transmit them for transportation; and cause ships to be engaged for the purpose, II. 1229

expenses of transmitting such convicts how defrayed, Ad.

11. 502

lord lieutenant may order felons and vagabonds under rule of transportation to be transported to any place beyond the seas; and transfer them to persons who shall have a property in their service for the term, 11. 1230-1 persons under rule of transportation breaking gaol, &c. guilty capitally and where and how tried; harbouring such offenders a capital felony, II. 1231

persons convicted of capital felonies who shall be transported, and afterwards return without license, shall suffer death, &c. II. 1232

persons transported or exiled for rebellion in 1798 returning, how punished, II. 1232

masters of ships fraudulently violating contracts for transporting felons or vagabonds guilty capitally; where tried, II. 1233

court may substitute fine or whipping for burning in the

hand; or order offender to be detained in gaol for any